Legal Question in Family Law in Massachusetts
can I move out of state with my daughter?
I want to leave my boyfriend, and move to another state were my father lives. But, my boyfriend says that I can get arrested because we have a 3 year old daughter together. There is nothing holding me back from going were ever I want to go. So, is this true? What do I need to do legaly so that I can move and live with my father?
2 Answers from Attorneys
Can I move out of state with my daughter?
This issue comes up often.
To the extent that I understand this question and issue, this is what are your options.
Unless the matter related to the child is in court, or unless there is some action in court that was already decided, it is my view that you can move at will. Your boyfriend can file an action in court at any time to seek that the child be kept in the state. But if none of the factors that I described exist, you are free to leave and establish residence and jurisdiction elsewhere.
Should you have any more questions, or need assistance, contact me.
Re: can I move out of state with my daughter?
No criminal law prevents you from taking your child out of state. However, the Massachusetts courts may retain jurisdiction over custody matters for a 6-month period even after you move, and even if no action has been filed so far. If there are already orders, you should certainly review them.
Your boyfriend, however, is simply playing games with you. The police will not be knocking at your father's door if there are no orders in effect.
Note that you will want child support at some point. You may want to move, establish residence, seek the custody in that state, and then seek Massachusetts "Guidelines" support through the Massachusetts courts.